Summary
A 37-year-old architect was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use spanning 17 years, from 1992 to 2009, during which he purchased and used marijuana once or twice annually. Additionally, between 2009 and 2010, he purchased cocaine twice and used it four times.
These drug activities led to an arrest and charge for possession of a controlled substance, along with a court-ordered probation. A significant concern under Guideline E was the applicant's failure to disclose this drug-related arrest and probation on his security clearance application.
While the judge found that the applicant mitigated some concerns under Guideline E, the extensive and prolonged history of illegal drug use, which occurred during adulthood, raised substantial doubts about his reliability, judgment, and trustworthiness. Despite some positive changes, the applicant's past drug involvement was not considered sufficiently mitigated, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a long history of illegal drug use, including marijuana and cocaine, which raised questions about his reliability and judgment.
- The applicant's drug use occurred as an adult, demonstrating poor judgment and a willingness to engage in criminal behavior.
- Despite some positive changes, the applicant's past drug involvement was deemed insufficiently mitigated.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant has abstained from illegal drug use for over two years and has disassociated from drug-using associates.
- AG ¶ 26(a)rejectedBehavior Happened so Long AgoThe applicant's drug use history was extensive and occurred into adulthood, raising doubts about future reliability.
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedSep 28, 2012
- Answer filedOct 26, 2012Notarized response admitting some allegations.
- Hearing heldJan 23, 2013Hearing conducted as scheduled.
- Decision dateFeb 11, 2013
Cite For
- Evaluation of Drug Involvement Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Impact of Past Drug Use on Security Clearance Eligibility